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Uninsured driver involved in accident

Stamford, CT |

Was driving my friends car, when the accident occurred. I was not on the policy. Police report claimed I was at fault. This happened almost two years ago.
My friends insurance company paid the damages for property because he did not have liability (for personal injury etc) insurance on the car. Today I received a call from an insurance company claiming that they paid 10K as damages to the other party for personal injuries. I have the police report and it only reports bruises on the other person and no hospital stay.
What are my options? I now live in IL.

The adverse insurance company person called me and asked me to sign some papers that they were sending over. When I said that I refuse to sign anything without knowing the complete details, she stated that they were going to 'subrogate'. She said that they had paid medical expenses to the other party. My friends insurance policy covered only third party property damage.

Attorney Answers 3


  1. Many times when you are driving a friend's car, you become an insured person under the friend's policy. Most policy's state that they cover the named person (your friend who purchased the policy), the members of your friend's household (typically limited to residents who are relatives) and those persons such as yourself who are permitted to use your friend's car by the consent of your friend. Additionally, if you owned a car or lived in a household of a relative who owned a car, you are probably insured under that policy while you were driving the friend's car. You should get copies of the policies and send them to an attorney for evaluation right away. Most attorneys will do this without charge. But make sure that your attorney is an expert. See my guides for selecting an attorney.

    Michael.Schreyer@vzw.blackberry.net
    www.DCMdLaw.com


  2. As I am licensed in Vermont and Florida, I cannot comment specifically on Connecticut state law. However, generally, if you had your own automobile liability insurance policy at the time you caused this accident, in all likelihood your insurance carrier would be responsible for paying the damages which you caused. If you have not done so already, you should immediately contact your own insurance carrier at the time and report this incident and the fact that you have been asked to pay these damages.

    Your question is a little confusing in that you claim that your friend's insurance company initially paid the property damages, but that he did not have liability for bodily injury. That situation seems a little unusual, as most liability policies generally cover both property and bodily injury damages. You may wish to obtain a copy of your friend's insurance policy and declaration page in effect at the time of this accident and have it reviewed by a personal injury attorney in your area. If you had your own insurance policy at the time, that too should be reviewed by an attorney. (You did not state whose insurance Company has contacted you and made the claim for the damages. It may be that the adverse driver's insurance company has paid Uninsured Motorist damages to their insured and is now looking to subrogate against you.) Without more specific information it would be difficult to comment further.


  3. You may have some issues if the insurer has a right of subrogation in the insurance policy. that means that they can go after you for whatever damages they paid due to your negligence. I would speak to an attorney right away. feel free to give me a call.

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